According to various sources, the Department of Labor (DOL) has named Michael Schloss as the new acting director and deputy director of policy for the Office of Federal Contract Compliance Programs (OFCCP). Schloss served in the DOL’s Employee Benefits Security Administration (EBSA) for 32 years, most recently as the Director, Office of Enforcement where he was responsible for advising policy and program matters related to civil and criminal enforcement of the Employee Retirement Income Security Act of 1974 (ERISA). For the majority of Schloss’ tenure at EBSA he served as Counsel for Financial Litigation – ERISA, representing the government in all phases of litigation.
He then shifted to private practice with The Wagner Law Group, who shared a press release mid-January 2025 stating that Schloss was leaving the firm to accept an appointment to the role of Director, Office of Field Administration at the EBSA. It seems that appointment was short-lived, given current reports that Schloss is moving to lead OFCCP.
Schloss comes to OFCCP at a time of change and uncertainty for the agency and the federal contractors it is tasked with monitoring. Following the issuance of the executive order ‘Ending Illegal Discrimination and Resorting Merit-Based Opportunity’ that revoked Executive Order 11246, OFCCP is no longer responsible for enforcing contractor compliance related to affirmative action plans for minorities and women. The agency remains responsible for enforcement of Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), statutory mandates which require federal contractors to ensure nondiscrimination and take affirmative action for individuals with disabilities and protected veterans. While Schloss doesn’t have experience within OFCCP, his decades of experience in enforcement at EBSA mean that he comes to this role with a strong background in Department of Labor enforcement approaches.
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